Immigration Law

CA1 on Asylum, Indonesia, Changed Circumstances: Sihotang v. Sessions

Sihotang v. Sessions - "Motions to reopen — especially untimely motions to reopen — are disfavored in immigration cases. Consequently, an alien who seeks to reopen removal proceedings out of time ordinarily faces a steep uphill climb. This does not mean, though, that the mountaintop is entirely beyond reach. The case at hand — in which the Board of Immigration Appeals (BIA) overlooked a significant factor relevant to the decisional calculus — illustrates the point. After careful consideration of a tangled record, we grant the petition for judicial review, vacate the BIA's denial of the motion to reopen, and remand for further proceedings consistent with this opinion."

[Hats off to pro bono counsel Andrea Kramer!]